FORT SMITH --A Fort Smith homeowner was justified in the fatal shooting of a man who was breaking into his home last summer, according to Sebastian County Prosecuting Attorney Daniel Shue.
Easton Richardson, 21, died in the June 28 shooting, police reported.
Officers were called to the 10100 block of Seven Oaks Drive, where a man, later identified as Richardson, had been shot. He was taken to a local hospital and pronounced dead.
Shue released the results of his investigation into the shooting Wednesday.
"It is the opinion of this office that the shooting of Easton Richardson by John Ross was justified under the laws of the state of Arkansas," according to a letter summarizing his investigation from Shue to Police Chief Danny Baker.
Shue noted a change in state law in 2021 no longer requires a person to retreat before using deadly force in certain conditions, such as when defending their home.
"Mr. Ross had no duty to retreat. I find it objectionably reasonable that Mr. Ross felt it necessary to employ deadly force to defend himself from a perceived imminent threat of great bodily harm or death that was presented by Mr. Richardson," Shue wrote. "Probable cause to charge Mr. Ross with a criminal act does not exist."
According to police, Ross was sitting in his living room eating hamburgers when he heard someone hitting a glass sliding door on the back of his house and saw someone outside the door through the curtains.
Ross retrieved a double-barreled shotgun and was on the phone with a 911 operator when he heard a loud crash and saw a person start to enter his home through the shattered glass door. Ross fired two rounds from his shotgun at the intruder, who went down.
Ross then went outside and waited for police to arrive.
He told police he was sure he would have been hurt or killed had the intruder gained access to his home. Ross was shown a picture of Richardson but told police he did not know the man. Ross wept upon learning the intruder he had shot was a young man, according to police.
A neighbor told police he had witnessed Richardson trying to break into Ross' home using a concrete block. The neighbor grabbed a handgun and was on his way to see if he could help Ross, but the shooting happened before he arrived, he told police.
Police said physical evidence at the scene confirmed what Ross and his neighbor had told them.
Police spoke to Richardson's parents who told them Richardson had a history of mental illness but had not been taking his medication for some time and had been drinking shortly before the break-in and shooting.
A toxicology report found Richardson had three times the amount of alcohol in his system than would be required to be intoxicated while driving. Marijuana was also found in his system.
Police determined Ross was not the aggressor and that his response to an imminent and deadly threat was justified.